Can I file for divorce and move out of state with my children for further education and work?
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Can I file for divorce and move out of state with my children for further education and work?
Asked on October 14, 2015 under Family Law, Indiana
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
Once you file for divorce, you cannot leave your current state of residence with your children without court approval. If you do, you can be charged with parental kidnapping. You could move and then file but your husband could file first which would mean that you would have to come back.
Your best bet is to file first where you are now. When it comes to custody, you can explain the reason for wanting to relocate to the court. The judge will make their decision based on the "best interests" of the children.
Since this can all get complicated, you should consult directly with a family law/divorce attorney. They can best advise you further.
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